Institutional Controls

This category includes guidance, policies and model language related to the need for appropriate institutional controls in CERCLA settlements and orders.

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Enforcement Discretion Guidance Regarding Statutory Criteria for Those Who Qualify as a CERCLA Bona Fide Prospective Purchasers, Contiguous Property Owners, or Innocent Landowners - (7/29/19) 2019 Common Elements Guidance for EPA staff on the "common elements" of the CERCLA landowner liability protections for BFPPs, CPOs, ILOs, and to assist them in exercising their enforcement discretion, which may provide general information to landowners or other third-party stakeholders who may wish to be involved with impacted properties. https://www.epa.gov/enforcement/common-elements-guidance (PDF 548K)

Advanced Monitoring Technologies and Approaches to Support Long-Term Stewardship - (7/20/18) Memorandum provides information about the potential uses of specific advanced monitoring technologies and approaches for monitoring and maintaining institutional controls and engineering controls at sites and facilities addressed under federal and state cleanup authorities. https://www.epa.gov/enforcement/use-advanced-monitoring-technologies-and-approaches-support-long-term-stewardship (PDF 312K)

Implementing Institutional Controls in Indian Country - (11/6/13) Handbook answers questions that EPA regional staff may have on the process of implementing institutional controls (ICs) in Indian country as part of a cleanup project https://www.epa.gov/enforcement/handbook-implementing-institutional-controls-indian-country (PDF 110 K)

Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites - (12/4/12) Guidance for site managers, attorneys and other interested parties for planning, implementing, maintaining and enforcing (PIME) institutional controls for Superfund, brownfields, UST, RCRA, and federal facility cleanups. https://semspub.epa.gov/src/document/HQ/175446 (PDF 451K)

Institutional Controls: A Guide to Preparing Institutional Control Implementation and Assurance Plans at Contaminated Sites - (12/4/12) Guidance to the EPA Regions for developing Institutional Control Implementation and Assurance Plans (ICIAPs) at contaminated sites where the response action includes an institutional controls (ICs) component. An ICIAP is a document designed to systematically: (a) establish and document the activities associated with implementing and ensuring the long-term stewardship of ICs: and (b) specify the persons and/or organizations that will be responsible for conducting these activities. https://semspub.epa.gov/src/document/HQ/175449 (PDF 159K)

Final Implementation of the National Strategy to Manage Post Construction Completion Activities at Superfund Sites - (2/16/12) Summarizes the results of the Post-Construction Completion (PCC) Strategy, which was implemented from 2005 to 2011. EPA closed out the PCC Strategy with this final report since the elements of the PCC Strategy have become EPA’s way of doing business for the Superfund program. http://semspub.epa.gov/src/document/HQ/174124

Enforcement First to Ensure Effective Institutional Controls at Superfund Sites - (3/17/06) Memorandum on enforcement first policy and application to any actions needed to ensure the implementation and effectiveness of institutional controls. https://www.epa.gov/enforcement/guidance-enforcement-first-policy-superfund-institutional-controls (PDF 51 K)

Institutional Controls Bibliography: Institutional Controls, Remedy Selection, and Post-Construction Completion Guidance and Policy - (12/1/05) Reference document, providing citations and brief synopses for policy guidelines concerning the use of institutional controls. https://semspub.epa.gov/src/document/HQ/175442 (PDF 108 K)

National Strategy to Manage Post Construction Completion Activities at Superfund Sites - (10/12/05) The Post Construction Completion National Strategy assures that CERCLA remedies continue to protect human health and the environment over the long term. Final report issued 2/16/2012. http://semspub.epa.gov/src/document/HQ/174761 (PDF 240 K)

Institutional Controls: A Citizen's Guide to Understanding Institutional Controls at Superfund, Brownfields, Federal Facilities, Underground Storage Tanks, and Resource Conservation and Recovery Act Cleanups - (2/1/05) Fact Sheet provides community members with general information about the role of institutional controls (ICs) in Superfund, Brownfields, Federal Facilities, Underground Storage Tanks (UST) and Resource Conservation and Recovery Act (RCRA) cleanups occurring in their neighborhoods. https://semspub.epa.gov/src/document/HQ/175444 (PDF 98 K)

Strategy to Ensure Institutional Control Implementation at Superfund Sites - (10/7/04) Five year plan for implementation of instititutional controls at Superfund sites. https://www.epa.gov/enforcement/guidance-ensuring-implementation-institutional-controls-superfund-sites (PDF 115 K)

Transmittal of Institutional Controls: Third-Party Beneficiary Rights in Proprietary Controls - (4/19/04) Transmittal memorandum and document address information on designating third-party beneficiaries in proprietary institutional controls https://www.epa.gov/enforcement/guidance-third-party-beneficiary-rights-proprietary-institutional-controls (PDF 123 K)

Transmittal Memorandum for Institutional Controls: A Site Managers Guide to Identifying, Evaluating and Selecting Institutional Controls at Superfund and RCRA Corrective Action Cleanups - (9/29/00) Transmittal memorandum and fact sheet intended to provide Superfund and RCRA site managers and other decision makers with an overview of the types of institutional controls that are commonly available. OSWER Dir. No. 9355.0-74FS-P. https://semspub.epa.gov/src/document/HQ/175447 (PDF 96K)

Policy on Management of Post-Removal Site Control - (12/3/90) Transmits OSWER policy on management of post-removal site control for Fund-financed removal activities and communicating decisions to states on the use of institutional controls. http://nepis.epa.gov/Exe/ZyNET.exe/9100UHNE.TXT?ZyActionD=ZyDocument&Client=EPA&Index=1986+Thru+1990&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQField

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